“A federal appeals panel’s recent decision barring anti-gay T-shirts in public schools cited a famous case upholding student-speech rights — but focused on a phrase about ‘the rights of others’ to come down against a form of student expression.” So begins an essay by David L. Hudson Jr. posted online today at the First Amendment Center.

“Lay and Skilling miss their marks; As the Enron trial enters its final stretch, legal experts say the odds are stacked against Enron founder Ken Lay and former CEO Jeffrey Skilling”: CNNMoney.com provides this report.

“U.S. Appeals Court Sidesteps Gay Marriage”: David Kravets of The Associated Press provides this report. My earlier coverage is here.

“[U]nder the majority’s decision, no one from Colombia will be entitled to asylum.” Eleventh Circuit Judge Ed Carnes has today issued a stirring dissent from the denial of a petition for review in an asylum case. Circuit Judge William H. Pryor, Jr. wrote the majority opinion.

In dissent, Judge Carnes writes:

In determining whether the facts and circumstances in any case compel a conclusion, we ought to face up to the full force of them in their entirety. The majority’s approach, instead, is a virtuoso exercise in deconstructionism. It proceeds by disassembling the whole of the evidence and then explaining why each part by itself is insufficiently compelling. This is like a man who attempts to demonstrate that a bucket of water is not really that by emptying it cup by cup, asserting as he goes along that each cupful is not a full bucket’s worth until, having emptied the whole, he proclaims that there just wasn’t a bucket of water there.

The majority opinion responds as follows:

The dissent accuses the majority of deconstructing the evidence to reach its decision, but the dissent uses a vivid imagination to draw inferences in favor of Silva and ignore competing inferences that favor the findings of the Immigration Judge, contrary to our deferential standard of review. Because imaginative inferences are all that support its opinion, the dissent is left in the position of one who, trying to fill a leaky bucket with water, must first plug all the holes. Silva’s testimony is full of holes, and the dissent impermissibly draws inferences in Silva’s favor to plug those holes.

You can access the complete ruling at this link.

“Congress advised to reject Akaka bill”: The Honolulu Advertiser today contains an article that begins, “The U.S. Commission on Civil Rights recommended yesterday that Congress reject a bill granting federal recognition and self-government rights to Hawaiians.”

Three-judge Ninth Circuit panel in no hurry to legalize same-sex marriage in California: You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Fans of obscure language will rate the opinion a triple-F based on passages such as “While a scry of the complaint might lead one to think that the issue here is not general, a true perscrutation leads to the opposite conclusion.” Senior Circuit Judge Jerome Farris, perhaps unwilling to imperil the trees necessary to produce an unabridged dictionary, merely concurs in the result without separate opinion.

The Associated Press is reporting: An article is headlined “ABA Rates Conn. Judge ‘Not Qualified.’” The rating in question can be viewed at this link.

And in other news, “Ill. Court Won’t Rehear Philip Morris Case.” My earlier coverage of this case can be accessed here.

“Supreme Court: Private party hosts not liable.” The Toronto Globe and Mail provides a news update that begins, “The Supreme Court of Canada ruled Friday that two hosts of a New Year’s Eve party were not responsible for the havoc caused by a guest who drunkenly drove away from their house and caused crippling injuries to an 18-year-old woman.” My earlier coverage is here.

“The Moussaoui Sentence: How the would-be terrorist avoided death.” Meghan O’Rourke has this essay online at Slate today.

“‘Gang of 14’ to Meet Tuesday”: Roll Call provides a news update (subscription required) that begins, “The bipartisan ‘Gang of 14’ will meet Tuesday evening in the office of Sen. Ben Nelson (D-Neb.) to discuss its part in the upcoming Senate fight over controversial judicial nominees, sources say.”

And today at National Review Online, Byron York has an essay entitled “What’s Behind the New Fight Over Judges: Republicans look to pick their battles–very carefully.”

“Court Challenges Internet Wiretap Rules”: The Associated Press provides a report that begins, “A U.S. appeals panel challenged the Bush administration Friday over new rules making it easier for police and the FBI to wiretap Internet phone calls.”

“If the district court then finds in favor of the plaintiffs, it shall develop a plan under which Native-Americans will have a reasonable opportunity to elect an Indian-preferred candidate.” This decision issued today by a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit represents at least a temporary victory for a Native American voting rights claim under Section 2 of the Voting Rights Act of 1965 against the City of Martin, South Dakota.

“8th Circuit Sides with Easterbrook Over Posner: Post-Assessment Returns Are Valid Returns for Bankruptcy Tax Purposes.” This post appears today at “TaxProf Blog.”

The Associated Press is reporting: Now available online are articles headlined “U.S. Defends New Internet Wiretap Rules“; “Court Denies Felons Voting Rights Argument“; and “Anna Nicole Smith Pregnancy Rumors Swirl.”

On today’s broadcast of NPR‘s “Morning Edition“: The broadcast contained segments entitled “Senate Bids to Avert Filibuster on Judicial Pick” and “Prosecution Stalls for Senior Terrorism Suspects” (RealPlayer required).

In news from Canada: Canadian Press reports that “Social hosts not liable for drunken guests who leave parties.” You can access today’s ruling of the Supreme Court of Canada at this link.

“Juror released from time-out chair; Judge cites inconsistencies between man’s letter to avoid jury, questions under oath; coverage criticized”: This article appears today in The Detroit News.

I have posted online at this link yesterday’s opinion and order issued by Chief U.S. District Judge Bernard A. Friedman of the Eastern District of Michigan. My earlier coverage of this matter appears here.

“Top court to rule on party hosts’ responsibility”: CBC News provides a report that begins, “A decision expected this morning from the Supreme Court of Canada could affect anyone planning to have a house party.”

“Conflict puts vote on Boyle in doubt; Allegations spur opponents to fight judicial nomination”: The News & Observer of Raleigh, North Carolina today contains an article that begins, “Allegations that U.S. District Judge Terrence Boyle broke a conflict-of-interest law have strengthened Democrats’ resolve to fight his promotion and raise doubts about whether the North Carolina judge’s nomination will ever get a full vote in the U.S. Senate.”

Somewhat relatedly, the working title of next Monday’s installment of my “On Appeal” column for law.com (scheduled to debut online at around 10:30 p.m. eastern time tonight) is “Is the Statute Requiring a Federal Judge to Recuse Due to Stock Ownership in a Litigant Too Unforgiving?”

No resemblance to Michael Chertoff: The Harvard Crimson today contains an article headlined “Mr. Burns’ Voice Speaks at HLS; Pennsylvania Ave. meets Hollywood Blvd. in Law School discussion.”

“One Last Appearance, and Outburst, From Moussaoui”: Neil A. Lewis has this article today in The New York Times.

The Washington Post today contains articles headlined “Some Saw Moussaoui As Bit Player, Juror Says; ‘You Will Die With a Whimper,’ Judge Tells Conspirator“; “New Home Is ‘Alcatraz of the Rockies’; Moussaoui to Join Many High-Profile Inmates at Federal Prison in Colorado“; and “Moussaoui’s Mother Blames Outcome on French Passivity; Officials Aided in Conviction To Appease U.S., She Says.” In addition, Law Professor David Cole has an op-ed entitled “How Not to Fight Terrorism.”

The Los Angeles Times contains articles headlined “With Judgment, Moussaoui Is Silenced at Last; His voice fades from the courtroom that served as a stage for his hateful rants; A jurist sends him ‘to die with a whimper’ in federal prison” and “The Slow Rot at Supermax; At Moussaoui’s future home in Florence, Colo., inmates are reportedly not merely punished, but incapacitated and broken down.”

The Richmond Times-Dispatch contains an article headlined “Life for Moussaoui.”

And USA Today reports that “Moussaoui to join worst of worst at Colo. prison; 9/11 conspirator will spend most of his time in solitary confinement.”

“Muhammad Denies Guilt In Slayings By Snipers; Statement Mixes Love Of Children, Philosophy”: This article appears today in The Washington Post.

And The Baltimore Sun today contains articles headlined “Muhammad cites the Gospel, Plato; Sniper professes innocence, says he came to Md. seeking his kids” and “Defendant impresses as ‘smooth.’”

“Professor Testifies on Lay Stocks; Prosecution Won’t Call Causey”: The Wall Street Journal contains this article (free access) today.

The Houston Chronicle reports today that “Defense shifts to avoid issue of shredding; Ruling causes attorneys to drop the testimony of ex-accountant at Arthur Andersen.”

And in The New York Times, Floyd Norris has an essay entitled “Ken Lay Still Thinks Enron Was Healthy” (TimesSelect subscription required).

“SJC weighs petition to block gay marriage”: This article appears today in The Republican of Springfield, Massachusetts.

The Boston Globe reports today that “Ballot to ban gay marriage debated.”

And The Boston Herald reports that “Pols’ gay-wed debate put off until SJC rules.”

“Weighing all the evidence”: The Los Angeles Times today contains an editorial that begins, “In the first opinion from its newest justice, the U.S. Supreme Court has given criminal defendants something most Americans assumed they already possessed: the right to offer evidence that somebody else committed the crime.”

“Specter Grants Judicial Nominee Second Hearing; Kavanaugh to Answer Questions on Role in Torture and Spying”: This article appears today in The Washington Post.

And The Washington Times reports today that “Specter grants judicial hearing.”

“Use of Contraception Drops, Slowing Decline of Abortion Rate”: The New York Times contains this article today.

“Second Front — Why Microsoft Battles Europe Years After Settling With U.S.; Suspicions and Missteps Keep Its Antitrust Case Alive; Guarding Rival Engineers; Spat Over Encrypting a Disk”: This front page article (free access) appears today in The Wall Street Journal.

“Moussaoui Verdict Highlights Where Juries Fear to Tread”: Adam Liptak will have this news analysis Friday in The New York Times.

Access online the judgment in a criminal case entered today in United States v. Zacarias Moussaoui: The judgment can be viewed by clicking here.

“Moussaoui trial: more heat than light in the end; Judge tells Al Qaeda terrorist he won’t go out in a ‘bang of glory’ as she sentences him to life in prison”: Warren Richey will have this article Friday in The Christian Science Monitor.

Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained segments entitled “Defiant Moussaoui Sent to ‘Super-Max’ Prison” and “America’s Super-Max Prison to Host Moussaoui.”

Today’s broadcast of “Day to Day” contained segments entitled “Moussaoui Formally Sentenced to Life Imprisonment“; “Was Justice Done in the Moussaoui Sentence?” (featuring Law Professor Douglas W. Kmiec); “Moussaoui’s New Home: A Cell in Super-Max Prison“; and “Enron Update: Final Defense Witnesses Testify” (featuring Mary Flood of The Houston Chronicle).

And today’s broadcast of “Morning Edition” contained segments entitled “Jury Rejects Execution for Moussaoui“; “The Meaning of the Moussaoui Sentencing Verdict“; “Sept. 11 Families React to Moussaoui Sentence“; “Legal Analysis of the Moussaoui Sentencing Verdict“; and “Judge Sends Moussaoui to Prison for Life.”

RealPlayer is required to launch these audio segments.

Available online from law.com: In news from the Second Circuit, “Lawyer-Dad’s Request for Fees Is Rejected in Daughter’s Case.” My earlier coverage is here.

In other news, “Expert Witness Requirements at Issue in Illinois Case.”

And an article reports that “N.Y. High Court Considers Removing Judge for Helping Robbery Suspect Evade Police; Lawyer argues that the justice apologized and didn’t profit from her mistake.”

The White House nominates Jerome A. Holmes of Oklahoma to serve on the U.S. Court of Appeals for the Tenth Circuit: And, simultaneously, the White House has withdrawn this same individual’s nomination to serve on the U.S. District Court for the Northern District of Oklahoma. The nomination and withdrawal can be accessed here. You can access the nominee’s law firm bio at this link, and a press release issued to announce his arrival at his current law firm is here.

As noted in this post at “Red State,” the nominee’s ABA rating for the district court judgeship was Q(sm)/NQ(min).

“Scalia: Constitution means what it says.” This article appears today in The Southeast Missourian.

And you can also access online the transcript of “Rush’s Dinner with Scalia” from today’s broadcast of The Rush Limbaugh Show.